Legal Question in Real Estate Law in New York
encroachment
I informed my neighbors well driller that he had drilled his well on my property, he stated the plumber had told him where to drill the well. The Realestate woman stated that she had told the plumber where the property line was located, which was @ feet from the rear of the house. I had told the owner of the property when I first met him that the line was about 3 ft. from the house, the well was drilled about 15 feet from the house onto my property, then a tree was planted about 1 ft. further in on my property, I measured the distance from a known property line stake to the well and then measured the distance from there to the required distance as described in my full covenant an warranty deed and a copy of the tax map. Question. Who would be responsible for the cost of a survey? How much time do I have to get this done so I don't loose my Property? I know that there is a statute that states that if a person uses your property for a length of time it can automaticaly become his. Thank you for this opportunity to get a legal answer.
3 Answers from Attorneys
Re: encroachment
While there may be different time periods (the law differs from state to state) for someone to claim "adverse possession" or open and notorious use of another's property, entitling the user to claim the property as their own, you do have to move quickly. If you do not have a current survey (many people get one when they buy property), get one done now. If the facts verify your claim, you need to sue your neighbor to remove and close the well and remove the trees he put on your property. You can sue for damages and may be able to recover, as part of your claim, the costs of the new survey. Retain a local attorney familiar with real estate and these types of claims. If you do not have or know one, the local bar association usually has a referral system where they could give you several names of attorneys who handle these types of matters.
Re: encroachment
If they are trespassing, they all are responsible for $ damages. Do not ignore this. After 7 years they may claim title.
Good luck.
Re: encroachment
You are correct to be concerned about the issue of "adverse possession" on your land. You need to proceed ASAP, although it's usually 10 yrs..
However, since the "ball" is now in your court, forgive the pun, you have an affirmative obligation to obtain the proofs necessary to prove your claim to your property and your neighbor's infringement upon same, ASAP. Otherwise, you do risk the loss of the property and its benefits, the water, trees, etc.. Since the use of your land is open and notorious you need to move quickly, notwithstanding the Statute.
Assuming you obtain a judgment or order ascertaining your property lines: AND an ejectment of the interloper neighbor, all of your charges, costs and disbursements for the action, including the survey, can be charged to the neighbor.
If the neighbor was acting in good faith, you might agree to split the costs for the survey, now and recoup the difference upon conclusion.
But, in that case you both would need to agree on the surveyor; and it may not be the surveyor the Court would appoint, if you need to go Court to resolve the matter.
Reccomment: Get your own surveyor now. Do not be penny wise pound foolish.
GOOD LUCK,
PHROSKA L. McALISTER,ESSQ
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